Judgments and Decisions Referring to the Bugmy Bar Book
NSW Court of Criminal Appeal
(Simpson AJA, McNaughton J agreeing; Dhanji J dissenting on this point in separate judgment) Appeal against sentence for murder of underworld figure – usefulness of chapters from Bugmy Bar Book in understanding relevance and impact of deprived background – does not substitute for evidence in relation to specific personal circumstances of offender |
Appeal against sentence imposed for well-planned murder of underworld figure.
Evidence tendered of offender’s disadvantaged childhood at first instance – indigenous offender – exposed to violence and substance abuse – low socio-economic status and neglect – incarceration of both parents – mother a member of Stolen Generation. Ground 4 – per Simpson AJA (Dhanji and McNaughton JJ agreeing) Unanimously allowed appeal on ground Sentencing Judge erred in not applying principles in Bugmy to reduce appellant’s moral culpability – psychologist report clearly identified causal connection between disadvantaged background and offence, and nothing in Bugmy supports suggestion of Sentencing Judge that deprived background could diminish moral culpability for lesser offences but not for more serious offence of murder: at [71]-[76] Ground 5 – per Simpson AJA (McNaughton J agreeing – Dhanji J dissenting on this ground) In declining to uphold separate ground that Sentencing Judge erred in finding extracts from Bugmy Bar Book irrelevant to sentencing process Simpson AJA considered ‘the use, if any, that may properly be made of that material.’ at [77] Described Bugmy Bar Book as containing a ‘considerable quantity of social research’ that is ‘undoubtedly a useful compilation of material relevant to understanding the effects of social disadvantage and deprivation’: at [83]-[85] Further commented ‘the survey of reference materials qualifies as “expert evidence”, that is, “expert knowledge” drawn from what appears to be academic research, that is capable of assisting a sentencing judge to understand specific evidence about the circumstances of a particular offender, placed in a wider context’: at [90] While warning such material alone cannot substitute for evidence in respect of an individual offender, accepted it may be useful in some cases in laying a foundation for acceptance of relevance of evidence of offender’s personal circumstances: at [91] In this case additional material from Bugmy Bar Book did not add to comprehensive nature of psychologist report and failure by Sentencing Judge to have regard to material did not contribute to the error under Ground Four: at [97] Ground 5 – per Dhanji J (dissenting on this ground) In separate judgment Dhanji J found evidence of Bugmy Bar Book chapters were relevant and capable of bearing on determination of sentence, and failure of Sentencing Judge to have regard to material constituted an error: at [131] After summarising the way evidence of offender’s background had been supplemented with chapters from Bugmy Bar Book before the Sentencing Judge, Dhanji J observed the value of the research lay in its potential to enhance understanding of impact of an offender’s background, particularly in cases where connection to offending is not self-evident and contested: at [145]-[146], [150] Also considered importance of counsel’s presentation of material, including use of references to specific paragraphs of Bugmy Bar Book relied upon in submissions, narrowing material required to be reviewed by Sentencing Judge. at [152] |
Dunn [2023] NSWCCA 1
(Lonergan J, Beech- Jones CJ at CL and Price J agreeing) Aggravated armed robbery – reference made to chapter of Bugmy Bar Book by Sentencing Judge – judicial notice taken of research |
Sole issue on appeal was parity
Quoted extensively from judgment of Sentencing Judge including section headed ‘Background of Disadvantage’ – Sentencing Judge had ‘reference to the Public Defender’s Bugmy Bar Book chapter on early exposure to alcohol and other drugs’ and took ‘judicial note that research shows that children in families with parental or carer substance abuse, are at greater risk of a range of adverse developmental outcomes.’: at [23] Sentencing judge further commented: “Living in a household where misuse of alcohol and drugs occur, may increase the likelihood of children being substance misusers themselves and being involved in the juvenile justice system. The direct effects of childhood exposure to alcohol and other drug abuse, may include emotional and physical abuse, maltreatment, modelling of poor drinking and substance abusing behaviours, inadequate supervision and separation from parents.
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(Ierace J, Simpson AJA and Hamill J agreeing) Drug and criminal group offences – re-sentence after finding of error on appeal – use of extract from Bugmy Bar Book “COVID-19: Risks and Impacts for Prisoners and Communities” chapter |
After finding error at first instance appeal court took into account on re-sentence affidavit from appellant detailing adverse conditions of imprisonment under Covid-19 conditions – further took into account affidavit from appellant’s solicitor describing observation of adverse changes to demeanour of appellant and extract from Bugmy Bar Book “COVID-19: Risks and Impacts for Prisoners and Communities” chapter: at [122]-[126]
Finding made of special circumstances based on need for treatment for mental health issues and continuing impact of Covid-19 pandemic on conditions of incarceration – aggregate non-parole period reduced on re-sentence: at [129] |
Wood [2022] NSWCCA 84
(Dhanji J, Macfarlan JA and Adamson J agreeing) |
The Court below received Bugmy Bar Book material in relation to the co-accused on sentence:
The Bugmy principles were found to apply to both accused. The appeal was allowed on the basis of parity. |
Donovan [2021] NSWCCA 323
(Ierace J, Simpson AJA and Rothman J agreeing) Recklessly inflict GBH – chapter from Bugmy Bar Book marked for identification on sentence – relevance of childhood exposure to violence and abuse to offences |
Aboriginal offender aged 19 years involved in sustained assault on two males in car park – detail of childhood trauma set out in psychologist report including violence, exposure to substance abuse and parental incarceration, homelessness and poor educational engagement – aggravated by mother’s mental health and sister’s serious illness – resulted in unresolved complex developmental trauma: at [33]-[42]
Chapter of Bugmy Bar Book titled “Childhood Exposure to Domestic and Family Violence” tendered on sentence in the proceedings below and marked for identification: at [32] Sentencing Judge erred in rejecting Bugmy submissions on basis applicant’s prior good character and demonstrated ability to ‘rise above’ disadvantage – ignored evidence of psychologist report identifying link between applicant’s childhood exposure to violence, abuse and other childhood stresses and the offences: at [84]-[90]
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Harris [2021] NSWCCA 322
(Dhanji J, Simpson AJA and Ierace J agreeing) |
The Court below received a Bugmy Bar Book chapter included in the defence tender bundle on sentence – referred to at [20] |
NSW Supreme Court
(Wilson J) Murder – use of chapters from Bugmy Bar Book project – importance of linking material to evidence of offender’s situation |
Offender’s case included three chapters from the “Bar Book Project” – “Childhood Exposure to Domestic and Family Violence”, “Incarceration of a Parent or Caregiver”, and “Early Exposure to Alcohol and other Drug Abuse”: at [56]
Found offender unreliable historian and evidence of background contradictory |
(Yehia J) Application for bail – juvenile offender – importance of comprehensive bail support plan to address multiple and complex needs in community – policy of Youth Justice where no guilty plea – reference to research and reports including Wellbeing, Healing and Rehabilitation Report from Bugmy Bar Book |
Application for bail by 11 year old Aboriginal male with 59 outstanding charges – multiple and complex needs – previously declined to engage with support programs – remanded to Youth Justice Centre when previously refused bail
Consideration of Youth Justice policy to provide voluntary bail support not mandatory bail supervision where no guilty plea – policy designed to reduce criminalisation of non-compliance with supervision – importance of ensuring bail support still comprehensive and co-ordinated: at [30]-[42] Emphasis on importance of providing children who have multiplicity of complex needs with support, supervision, and guidance in the community as opposed to detaining them in custody – referred to supporting research material
[1] Vanessa Edwidge and Dr Paul Gray, Significance of Culture to Wellbeing, Healing and Rehabilitation (June 2021) at 5. [2] Final Report of the Royal Commission and Board of Inquiry into the Protection and Detention of Children in the Northern Territory (17 November 2017). [3] A Safer Northern Territory through Correctional Interventions: Summary Report of the Review of the Northern Territory Department of Correctional Services (31 July 2016). In this case satisfied “bail support” plan sufficiently comprehensive and ameliorates risks – release application granted: at [46], [54] |
(Yehia J) Murder – sentencing for single stabbing of female partner – reference to Bugmy Bar Book chapter and Wellbeing, Healing and Rehabilitation Report |
Evidence established offender’s childhood marked by deprivation and dysfunction – violence, poverty and exposure to substance abuse: at [58]-[74]
Although no requirement for causal connection, unchallenged evidence established offender’s background of disadvantage and deprivation directly contributed to offence: at [84] Reference to 2021 Report, ‘Significance of Culture to Rehabilitation and Wellbeing’ by Ms Edwige and Dr Gray on importance of culturally appropriate rehabilitation programs for indigenous offenders: at [82]-[83] – also reference to executive summary of Bugmy Bar Book Chapter on ‘Impacts of Imprisonment on Remand in Custody’: at [104] Finding of special circumstances based on real risk offender will become institutionalised, first time he will serve term of full-time imprisonment, risk at some point during imprisonment he may develop major depression and requirement of lengthy period on parole to assist with readjusting to life in community and accessing culturally appropriate rehabilitation programs: at [103]-[107] |
Stanley (No.2) [2023] NSWSC 74
(Lonergan J) Manslaughter – Adoption of remarks in Tsingolas on value of research on impact of childhood deprivation and exposure to violence |
Sentence imposed for manslaughter – Crown identified relevant Bugmy considerations including exposure to violence and substance abuse: at [73]
Adopted observations by Yehia SC DCJ (as her Honour then was) in Tsingolas [2022] NSWDC 34 at [87] to [90] as to value, role and use of research on impact of childhood deprivation and exposure to violence: at [72] Offender’s moral culpability reduced although balanced with element of general and specific deterrence: at [75] |
Vincent [2023] NSWSC 8
(Yehia J) Bail application – Reference to Bugmy Bar Book Chapter dealing with Impact of Incarceration |
Application for release by Aboriginal woman charged with stalking and intimidation and being armed with intent
Reliance placed on research from Bugmy Bar Book Chapter: ‘Impacts of Imprisonment and Remand in Custody‘ to show negative impacts on the physical and mental health of incarcerated individuals which persist after release: at [16]
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AN; LM; WD [2022] NSWSC 1272
(Walton J) Sentence for specially aggravated kidnapping – reference to extracts from Bugmy Bar Book – childhood relevant to moral culpability and importance of rehabilitation |
Evidence of WD’s deprived and disadvantaged childhood accepted by Crown – included parental neglect, disrupted schooling, exposure to domestic violence, exposure to parental substance abuse, early introduction to substance abuse and serious parental and family mental illness: [256]-[259]
Court provided with summaries of research into impacts of childhood exposure to domestic and family violence; early exposure to alcohol and other drug use and interrupted school attendance derived from Bugmy Bar Book: [261] Referred to cases where deprived background found to reduce moral culpability, or at least to significantly mitigate sentence, for offences involving planning: [264] Offender’s childhood a crucial feature of his case and relevant to both assessment of moral culpability and need for rehabilitation: [265]-[267] |
Sultani, Munshizada, Baines and Danishyar [2021] NSWSC 1654
(Fagan J) Sentence for murder of underworld figure – reliance on extracts from Bugmy Bar Book misconceived and irrelevant to legal process – rejected any link between disadvantaged background and offending |
Sentence imposed for well-planned murder of underworld figure
Evidence tendered of disadvantaged childhood of offender Baines – indigenous offender – exposed to violence and substance abuse – low socio-economic status – incarceration of both parents Rejected relevance of material from Bugmy Bar Book: [172]-[174]
Considered and rejected link between disadvantaged and violent background and involvement in commission of pre-mediated murder: at [178]-[181] Note: The rejection of the Bugmy Bar Book in this case is not consistent with the approach taken in a number of first instance judgments of the NSW Supreme Court, ACT Supreme Court and NSW District Court: see AN; LM; WD [2022] NSWSC 1272; BS-X [2021] ACTSC 160; Bennett [2022] NSWDC 321; Tomlinson [2022] NSWDC 220; Edwards [2022] NSWDC 110; Tsingolas [2022] NSWDC 34; Levvell [2021] NSWDC 518; Saunders [2021] NSWDC 508; Lin [2021] NSWDC 523; Sequera [2021] NSWDC 573; Jones [2021] NSWDC 713; Kirk [2021] NSWDC 389; Maher; Maher [2021] NSWDC 80; Dixon [2020] NSWDC 751; Pout [2020] NSWDC 751; KL [2020] NSWDC 409; GAM [2020] NSWDC 304; Sebbens [2020] NSWDC 213. The Court of Criminal Appeal appears to have accepted reliance on Bugmy Bar Book material: see Donovan [2021] NSWCCA 323; Wood [2022] NSWCCA 84; Harris [2021] NSWCCA 322. |
Macdonald; Edward Obeid; Moses Obeid [2021] NSWSC 1662
(Wilson J) Application for bail pending appeal against conviction for conspiracy to commit misuse of public office – reliance upon Kirby Institute Report and chapter from Bugmy Bar Book on effect of Covid-19 on custodial conditions |
Kirby Institute Report and chapter from Bugmy Bar Book relied upon in documentary evidence: at [60]
Kirby Institute report ‘largely unhelpful, dating as it does from April 2020. The COVID-19 situation is fluid and much has changed since that time, including the availability of vaccines to both the general and prison population.’: [127]
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Macdonald; Edward Obeid; Moses Obeid (No 18) [2021] NSWSC 1343
(Fullerton J) |
Sentence for offence of conspiracy to commit misuse of public office –
Reliance upon Kirby Institute Report on COVID-19 and the Impact on New South Wales Prisoners (April 2020) and Bugmy Bar Book chapter titled ‘COVID-19: Risks and Impacts for Prisoners and Communities’: at [116]-[121] Further considered evidence from NSW Corrective Services as to current practices in relation to Covid-19 in correctional centres: at [122]-[132] Concluded increased risk in view of offenders’ age and premorbid chronic health conditions relevant to finding of special circumstances: at [149]-[150] |
ACT Supreme Court and ACT Court of Appeal
(Loukas-Karlsson J; Baker J agreeing in separate judgement; Rangiah J agreeing) Burglary and robbery – Crown appeal against sentence – reference to Bugmy Bar Book chapter Early Exposure to Alcohol and Other Drug Abuse |
Crown appeal against sentence dismissed – sentence not manifestly inadequate
Bugmy principles applied at first instance to reduce moral culpability: see Ruwhiu [2022] ACTSC 290 (Refshauge AJ) below – affirmed on appeal – background of domestic violence, exposure to alcohol abuse and disrupted schooling: at [38]; [124] Per Baker J:
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BS-X [2021] ACTSC 160(Loukas-Karlsson J)
Motor vehicle and burglary offences – juvenile Aboriginal offender with severe childhood trauma – individual report supported by references to Bugmy Bar Book chapters and Significance of Culture to Wellbeing, Healing and Rehabilitation Report – application of Bugmy principles |
Psychological report described 15y old Wiradjuri man with complex developmental trauma – born to drug addicted 15y mother and removed into non-indigenous foster care at 12 months – exposed to mother’s drug use throughout life – experienced younger brother’s removal from mother’s care and placement with different carer due to mother’s drug use – early substance abuse – difficult schooling period – disconnection with cultural identity – multiple significant losses and grief – externalised grief, loss and anger through maladaptive techniques – profound trauma resulting in mental health and behavioural issues
Psychological report supported by references to multiple Bugmy Bar Book chapters: at [56], [58], [62], [63] Further reference to Significance of Culture to Wellbeing, Healing and Rehabilitation Report with emphasis on importance of culturally appropriate treatment to facilitate rehabilitation – importance of individual rehabilitation to both individual and community protection: at [81]-[85] Reference to comment in Hoskins [2021] NSWCCA 165 that childhood deprivation does not need to be profound at [81]-[85] Application of Bugmy principles |
Ruwhiu [2022] ACTSC 290 (Refshauge AJ)
Sentencing for burglary and robbery – helpful excerpts from Bugmy Bar Book |
Offender Māori with disadvantaged childhood including family violence, exposure to alcohol abuse and disruption to education
Counsel provided “very helpful excerpts from “The Bar Book Project” (Bugmy Bar Book Committee, ‘Early Exposure to Alcohol and Other Drug Abuse’ in The Bar Book Project (Sydney, NSW; The Public Defenders, 2019)) on the effects of early exposure to alcohol and other drug abuse and on the effects of childhood exposure to domestic and family violence, which have been helpful and taken into account”: at [73], [87] |
Horner [2023] ACTSC 23(Baker J)
Sentencing for Commonwealth child pornography offences – clear link established between childhood sexual abuse, mental illness and offending – reference to helpful excerpts from Bugmy Bar Book Childhood Sexual Abuse |
Offender from disadvantaged childhood including family violence, trauma and neglect, out of home care, sexual abuse and exposure to adult pornography
Psychologist report clearly identified and explained link between offender’s Post Traumatic Stress Disorder resulting from childhood sexual abuse and the offences: at [25]-[28]
Moral culpability reduced to a moderate degree: at [29]– offender’s background of childhood sexual and physical abuse, including abuse while in an institution and mental illness part of exceptional circumstances permitting immediate release to recognisance without serving custodial sentence: at [46] |
NSW District Court
Copeland [2022] NSWDC 545 (Fitzsimmons SC DCJ)
Assault offence – reference to research from Bugmy Bar Book chapters in expert report – use of Executive Summaries as exhibits |
Offender a Gamilaroi women with significant childhood disadvantage – expert report cited research from Bugmy Bar Book chapters to support connection between ‘offender’s exposure to adverse childhood experiences, psychological health issues and offending’: at [25]-[27]– offender relied upon Bugmy Bar Book Executive Summaries of Childhood Exposure to Domestic and Family Violence and Childhood Sexual Abuse as exhibits: at [32]
Causal connection established and moral culpability reduced: at [53] |
Bennett [2022] NSWDC 321
(Beckett DCJ) Sentencing for property offences – consideration of Wellbeing Report on importance of indigenous controlled organisations for rehabilitation – referenced chapter from Bugmy Bar Book on hearing impairment |
Aboriginal offender with significantly disadvantaged upbringing
Referred to Significance of Culture to Wellbeing, Healing and Rehabilitation Report and importance of culturally appropriate services in rehabilitation of indigenous offenders:
Found offender’s prospects of rehabilitation not unfavourable in light of significant and culturally appropriate supports available on his release: at [36] Referred to material in Hearing Impairment chapter of Bugmy Bar Book: at [39]-[42]
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Tomlinson [2022] NSWDC 220
(Sutherland SC DCJ) |
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Edwards [2022] NSWDC 110
(Weinstein SC DCJ) Sentencing for aggravated carjacking – consideration of relevant Bugmy Bar Book chapters – an ‘invaluable resource’ |
Aboriginal offender with disadvantaged background including sexual abuse, exposure to violence and substance abuse, interrupted school attendance and homelessness
Accepted tender of four chapters from Bugmy Bar Bookand referred to additional two chapters – described as ‘invaluable resource’.
Consideration and summary of research and findings of each relevant chapter from Bugmy Bar Book and application to this offender and the assessment of his moral culpability: at [76]-[105] |
Tsingolas [2022] NSWDC 34
(Yehia SC DCJ) Reckless wounding – causal connection between childhood sexual abuse and offending – relevance of studies and research including Bugmy Bar Book Project |
Offender experienced a traumatic childhood including sexual and physical abuse in a boys home resulting in mental health issues including PTSD
Causal link established between childhood abuse and offence – offender’s PTSD triggered by perceived threat of victim and response was unreasonable and excessive self-defence: at [76]-[80]
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Levvell [2021] NSWDC 518
(Haesler SC DCJ) Detain for advantage – no causal connection required in most cases – reference to Significance of Culture to Wellbeing, Healing and Rehabilitation Report in considering impact of incarceration of offender on impending birth of child |
Aboriginal offender removed from mother’s care at 11 months – Bugmy principles applied to reduce moral culpability – no causal connection required
Relied upon Significance of Culture to Wellbeing, Healing and Rehabilitation Report in considering impact of incarceration of offender in view of impending birth of child – ICO imposed
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Saunders [2021] NSWDC 508
(Mahoney SC DCJ) |
Bugmy Bar Book chapters provided with relevant principles and paragraphs referred to in written submissions – Exposure to Domestic and Family Violence, Interrupted School Attendance and Early Exposure to Alcohol and Other Drug Abuse: at [48]-[50] |
Lin [2021] NSWDC 523
(Mahoney SC DCJ) |
Bugmy Bar Book executive summaries for chapters on child sexual abuse, childhood exposure to domestic and family violence and low socioeconomic statusprovided, with relevant principles and paragraphs referred to at [24] |
Sequera [2021] NSWDC 573
(Mahoney SC DCJ) |
Relevant entries from the Bugmy Bar Book referred to in submissions, acknowledged at [79] |
Jones [2021] NSWDC 713
(M L Williams SC DCJ) Sentence for offence of use carriage service to procure child for sexual activity – reference to Bugmy Bar Book on effect of Covid-19 on custodial conditions |
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Kirk [2021] NSWDC 389
(Beckett DCJ) |
Referred to Bar Book Project chapters on Childhood Sexual Abuse and Childhood Exposure to Domestic and Family Violence, considering the impact of these factors and relevance to assessment of offender’s moral culpability: at [54]-[55] Referred to research into the importance of indigenous and culturally appropriate rehabilitation programs[49] … I accept that recent research and expert opinion indicates that rehabilitation services provided by Indigenous and culturally appropriate organisations, who understand and acknowledge the trauma suffered by Indigenous communities as a result of general removal, segregation and discrimination, together with the support of her close family and community, provide the offender with the best chance of being rehabilitated. These facilities, with oversight by Community Corrections offer a protective measure both for the individual but also the community. |
Maher; Maher [2021] NSWDC 80
(Yehia SC DCJ) Inflict GBH – causal link between disadvantaged background and offending – reference to Bugmy Bar Book chapters on stolen generations and exposure to family and domestic violence |
Evidence established offenders were Aboriginal brothers with deprived and disadvantaged childhood – intergeneration trauma resulting from mother’s removal from family as a child – exposure to family and domestic violence and alcohol abuse – introduction to substance abuse at early age – unstable educational history resulting in learning and behavioural difficulties: at [54]-[67]
Mother removed from family as a child and suffered abuse in out of home care – alcoholic by nineteen with ongoing alcohol addiction problems – impact of trauma of this removal on childhood of offenders – described Aboriginal and Torres Strait Islander Stolen Generations and Descendants chapter in Bugmy Bar Book as research summary that ‘helpfully collates recent findings from numerous sources documenting the adverse consequences experienced by both members of Stolen Generations and their descendants’:
Both offenders exposed to violence and alcoholism throughout childhood – reference made to Childhood Exposure to Domestic and Family Violence chapter of Bugmy Bar Book:
Background of disadvantage and deprivation reduced moral culpability but balanced with protection of the community: at [74]
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Dixon [2020] NSWDC 751
(Norrish QC DCJ) Robbery offence – sentencing judge familiar with Bar Book project and read through relevant chapters |
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Pout [2020] NSWDC 751
(Lerve DCJ) Sexual offences – extracts from Bugmy Bar Book Project annexed to submissions |
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KL [2020] NSWDC 409
(Weinstein SC DCJ) Child sexual offences – Bugmy Bar Book Project an invaluable resource of evidence relating to disadvantage |
14-year-old female offender committed offences on 5-year-old brother – dysfunctional background including sexual and physical abuse – complex metal health issues with ASD, anxiety and PTSD – limited cognitive ability – inability of mother to provide appropriate support
Full weight given to Bugmy principles and moral culpability substantially diminished: at [62]-[65] |
GAM [2020] NSWDC 304
(Priestly SC DCJ) Child sexual offences – history of sexual abuse as a child – helpfully referred to Bugmy Bar Book Project |
Offender subjected to sexual abuse as a child – link to subsequent alcohol abuse, mental health and offending: at [24]-[31]
Background justified reduction of moral culpability: at [40]-[44] |
Sebbens [2020] NSWDC 213
(M L Williams SC DCJ) Robbery offences – reference to extracts from Bugmy Bar Book Project |
Offender described as having ‘a wretched start to life’ with the ‘full constellation of Bugmy type features: at [1] Refers to extracts from new Bugmy Bar Book Projectbeing helpfully included in defence counsel submissions: at [16] |
Victoria County Court
(Deputy Chief Judge Sexton) Child sexual offences – reference to chapters from Bugmy Bar Book Project – impact of childhood trauma |
Sentencing of offender for child sexual offences
Accepted history of childhood trauma, family violence, sexual abuse, exposure to substance abuse, out of home care and interrupted schooling: at [31]-[32] Summary of impact of childhood trauma by reference to Bugmy Bar Book chapters on family violence, early exposure to alcohol and drug use, childhood sexual abuse and interrupted schooling – slight reduction in moral culpability: at [55]-[63] |
(Judge Tiwana) Robbery offences – refugee from Myanmar – reference to Bugmy Bar Book chapter |
Offender sentenced for robbery offences
Traumatic childhood as member of persecuted ethnic minority in Myanmar – family came to Australia when offender 8 years old as refugees – continued exposure to difficulty and violence – reference to matters impacting refugee students as set out in Bugmy Bar Book: at [33] – receiving specialised counselling Moral culpability and general deterrence reduced in view of traumatic background: at [67] |
Queensland District Court
Pamtoonda v Commissioner of Police[2021] QDC 207
(Fantin DCJ) |
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ACT Magistrates Court
Police v Kinnara Connors [2022] ACTMC 6 (Special Magistrate Hopkins) Assault offences – decision of Galambany Circle sentencing Court – reference to chapters and Report from Bugmy Bar Book Project |
20 year old indigenous offender sentenced for assault offences
Reference to the Significance of Culture to Wellbeing, Healing and Rehabilitation Report commissioned by the Bugmy Bar Book Committee and importance of offender’s growing connection to Country and culture for long-term healing and rehabilitation: at [4] Considered profound and emotional impact of childhood trauma with reference to chapters in Bugmy Bar Book on ‘Childhood Exposure to Domestic and Family Violence’ (November 2019); ‘Early Exposure to Alcohol and Other Drug Abuse’ (November 2019), ‘Out-of-Home Care’, (September 2021) and ‘Interrupted School Attendance and Suspension’ (December 2019): at [50]-[52] Accepted evidence of positive engagement with Worldview Foundation program providing holistic life management programs and employment opportunities for Aboriginal and Torres Strait Islander people facing disadvantage: at [55]-[59] Reference to potential negative consequences of imprisonment for offender and community, referring to Bugmy Bar Book, ‘Impacts of Imprisonment and Remand in Custody’ (November 2022) – imposed Intensive Correction Order: at [63]-[67] |
Police v Tracey [2022] ACTMC 26 (Special Magistrate Hopkins) Assault offences – decision of Galambany Circle sentencing Court – reference to chapters and Report from Bugmy Bar Book Project – finding of special circumstances |
50 year old Indigenous offender sentenced for assault offences committed while in lawful custody – separation from mother, family, culture and Country through adoption at 6 weeks of age led to lifetime of isolation, institutionalisation and deep depression: at [6]
Reference to the Significance of Culture to Wellbeing, Healing and Rehabilitation Report commissioned by the Bugmy Bar Book Committee and R v BS-X [81]-[82] – importance of offender’s growing connection to family and culture for long-term healing and rehabilitation: at [6] Accepted significant impact of abuse suffered while offender detained in two notorious institutions as a child and young person:
Impact of childhood trauma moderated moral culpability and established special circumstances permitting sentence to be imposed concurrent to existing sentence with period of parole – importance of supervision in community after release from custody: at [19]-[21]; [84] |
Etheredge v Freeman [2022] ACTMC 11
(Special Magistrate Hopkins) Sentencing for property damage – Galambany Court – reference to incarceration of caregivers chapter of Bugmy Bar Book and Significance of Culture to Wellbeing, Healing and Rehabilitation Report |
Aboriginal offender with disadvantaged background including incarceration of father, early substance abuse and death of Grandmother
Referenced Incarceration of a Parent or Caregiverchapter from Bugmy Bar Book – research establishes negative and intergenerational impact of incarceration of parent on child’s emotional, behavioural and psychological development: at [21]-[22] Referenced Vanessa Edwige and Dr Paul Gray, Significance of Culture to Wellbeing, Healing and Rehabilitation Report – importance of strengthening connection to community and culture as central to long-term healing and rehabilitation of offender: at [39] Suspended sentence imposed as recommended by elders – reference to Yeddung Mura: Aboriginal corporation delivering services to First Nations People in ACT: at [63] |
Other Courts and Tribunals
FYG v Commissioner of Victims Rights [2024] NSWCATAD 4 (M Riordan, Senior Member) Eligibility for victim’s support – application for review of refusal to grant recognition payment – reliance on evidence of primary victim’s difficult childhood – reference to relevant material in Bugmy Bar Book |
Primary victim one of two persons fatally stabbed outside unit block – alleged offender acquitted of murder of primary victim on basis of self-defence – convicted of manslaughter of second person on basis of excessive self defence
Initial claim for counselling and recognition payment by primary victim’s de facto partner refused – Assessor accepted primary victim died from act of violence under s.19 Victims Rights and Support Act 2013 but refused claim under s.44(1) on basis primary victim’s own conduct directly led to death: at [4] Request for internal review made on ground:
Submissions included description of primary victim’s difficult childhood with relevant material from Bugmy Bar Book highlighting impact of experience of disadvantage of Aboriginal people: at [8] On review accepted primary victim’s actions contributed to her death but that facts of matter supported reduction not refusal of amount of recognition payment: at [41]-[42] |